LIVE STREAM: Phillip Paulwell V Attorney General of Jamaica


Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgments and efficient court services in an environment where all stakeholders are valued.

The Hon. Mr. Justice Lennox Campbell

Lawrence, Earline v Edwards, Dean

Land Law - Contract Law - Agreement for Sale - Registered Land - Joint Tenancy -
Intention to Create Legal Relations - Incomplete Sale Agreement - No Transfer of
Interest in Land - Resale of Land - Death of Vendor - Equitable Interest - Decree of
Specific Performance.

King, Martia v Hibbert, Matthew and Grant, Rohan

Civil Law - Negligence - Motor Vehicle Collision - Contributory Negligence -
Whether the Claimant was Contributorily Negligent - Defence - Self Preservation - Whether Damages should be Awarded in the Circumstances.

Asset Recovery Agency v Stennett, Desrine Ouida and IPS International LLC et al

Injunction - Interim Injunction - The Proceeds of Crime Act - Restraint Order - Application to Discharge Restraint Order - Application for Extension of Restraint Order - Civil Recovery Order - Standard of Proof - Balance of Probabilities - Good
Arguable Case - Criminal Trial - Not Guilty Verdict - Dismissed for Want of Prosecution.

Bain, Courtney Brendan v The University of the West Indies

Constitutional Law – Claim for breach of Fundamental Rights and Freedoms – Freedom of Expression – Freedom of Thought and Conscience – Expert Witness – Expert Report – Whether breach of Fundamental Rights and Freedoms is demonstrably Justified in a Free and Democratic Society – Breach of Employment Contract – Payment in Lieu of Notice – Stigma and Reputational Harm – Loss of Advantage on the Labour Market – Breach of Implied Term of Trust and Confidence – Defamation – Damages – Aggravated Damages – Constitutional and Vindicatory Damages.

Gorstew Limited v Shelly-Williams, Her Hon. Lorna, Patrick Lynch, Pyne, Jeffrey and Barber, Catherine2

Judicial Review – Renewal of application for leave to apply for judicial review – Whether there is an arguable ground for judicial review with a realistic prospect of success – Whether Resident Magistrate erred in upholding no case submission – Whether decision of Resident Magistrate unreasonable in a Wednesbury sense – Whether order of Certiorari should be granted quashing decision of Resident Magistrate – Whether alternative remedy exists – Whether Declaration amounts to adequate alternative remedy – Whether declaration sought would have same effect as order for certiorari - Costs

Bennett, Winsome v The Minister of Finance, The Jamaica Constabulary Force and The Attorney General of Jamaica

Declaration for entitlement to widow’s pension – Section 62 of the Constabulary Force Act – Whether the Claimant is entitled to widow’s pension – Whether a widow is a person legally married to the deceased – Status of Children Act - Equality of children regardless of parents being married - Reformative legislations – Shift from Literal Statutory Interpretation - Purposive approach in Statutory Interpretation - Spouse include unmarried persons in common law unions – The ordinary meaning and popular sense of the word widow include a common law spouse.

Green, Noel v Garbage Disposal & Sanitation Systems Limited Consolidated with Lowe, Laureston v Garbage Disposal & Sanitation Limited et al

Civil Procedure - Application to strike out Defendant’s Statement of Case – Non-compliance with Case Management Conference Orders – Documents filed outside of the prescribed time – Defendant’s Application for Relief from Sanctions - Application not made promptly – No Good Explanation for Delay after filing the Witness Statement and Summary – Delay Unintentional – Whether in the circumstances the Defendant’s Statement of Case should be struck.

Daley-Edwards, Olivine and Edwards, Lloyd v Resident Magistrate for Parish of St. Catherine, Her Honour Mrs. S. Wolfe-Reece, The Attorney General of Jamaica et al

Administrative Law – Judicial Review – Application for leave to apply for Judicial Review – Order of Certiorari to remove to Supreme Court and to quash the Formal Order of the Learned Magistrate – Order of Possession – Eviction from premises – Warrant of Possession - Order of Mandamus to restore Possession – Declaration that Formal Order was obtained by frauds and/ or illegally – Injunction – Damages.

Pages

Covid-19

Emergency Matters

Emergency Matters

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2024-2028